There's just a difference of legal opinion, and CUB says the fuel rules trump any commission order.

We believe the commission made a legal error in declining to order (the utility) to refund the excess profits it earned in 2001, 2002 and 2003.

The commission had the obligation to order We Energies to return the excess revenue to ratepayers, and We Energies had the obligation to do it.

It was a difference of opinion,

In order to really fix it, it becomes very complicated. They need special rules for two working spouses.

Every market should have some rules for developing in a good order.